Bill Text: AZ HB2275 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Incorporation; urbanized areas
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-15 - Referred to House RULES Committee [HB2275 Detail]
Download: Arizona-2011-HB2275-Introduced.html
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REFERENCE TITLE: incorporation; urbanized areas |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2275 |
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Introduced by Representative Pratt
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AN ACT
amending section 9‑101.01, Arizona Revised Statutes; relating to cities and towns.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-101.01, Arizona Revised Statutes, is amended to read:
9-101.01. Incorporation; urbanized area
A. Notwithstanding any other provisions of law to the contrary, all territory within six miles of an incorporated city or town, as the same now exists or may hereafter be established, having a population of five thousand or more as shown by the most recent federal census persons, and all territory within three miles of any incorporated city or town, as the same now exists or may hereafter be established, having a population of less than five thousand as shown by the most recent federal census persons is declared to be an urbanized area.
B. No territory within an urbanized area shall hereafter be incorporated as a city or town, and the board of supervisors shall have no jurisdiction to take any action upon on a petition to incorporate a city or town within such area, unless either:
1. Except as provided in subsection D, there is submitted with the petition for incorporation a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation. ; or
2. There is filed with the board of supervisors an affidavit stating that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation and such petition has not been approved by a valid ordinance of annexation within one hundred twenty days of its presentation.
C. If such resolution or affidavit is filed with the board of supervisors, the board shall proceed with incorporation of the area.
D. If the area proposed for incorporation has a population of sixty thousand or more persons, the board shall proceed with incorporation of the area without a resolution adopted by the city or town causing the urbanized area to exist approving the proposed incorporation.
D. E. Notwithstanding any other provisions of this section to the contrary, no portion of the territory of any city or town incorporated prior to the effective date of this section before June 20, 1968 shall be declared to be an urbanized area. In the event If any such city or town shall be is declared to have been unlawfully incorporated by the final judgment of a court of competent jurisdiction after the effective date of this section June 20, 1968, all or any portion of the territory thereof of the city or town may be incorporated without regard to any of the provisions of this section, provided If petitions praying for the incorporation thereof or petitions praying for the calling of an election for such purpose shall be are filed with the board of supervisors within one year from the date upon on which such judgment shall become becomes final.
